Blocking of ITC under Rule 86A without recording 'reasons to believe' and objective evidence is legally unsustainable


Last updated: 30 May 2025

Court :
Patna High Court

Brief :
The Hon'ble Patna High Court in Graphic Trades Pvt. Ltd. v. State of Bihar and Ors. [C.W.J.C. No. 4506 of 2025, dated April 23, 2025] disposed of the Writ Petition and upheld the blocking of ITC under Rule 86A of the Bihar Goods & Services Tax Rules, 2017("the BGST Rules"), as the authorities had sufficient material indicating the petitioner received ITC from a non-existent supplier. Further, the Court noted that such blocking is an interim measure and the petitioner may seek reconsideration under paragraph 3.4 of the applicable guidelines contained in CBEC Circular No. 20/16/05/2021 - GST/1552 dated November 02, 2021("the Guidelines").

Citation :
C.W.J.C. No. 4506 of 2025, dated April 23, 2025

You have reached daily limit of 2 Free Judgements. To view this or other Judgements please subscribe to CCI PRO :

GST Plus

Stay updated! Stay ads free

Browse CAclubindia ads free.
Latest updates on WA.
Daily E-Newsletter and much more.

CCI PRO annual subscription :

Original Price : INR 2999/-

Offer Price : INR 1999/-

Duration : 1 year
(Prices Inclusive of GST)


Know More

Note: If you are a PRO member already, please click here to login (for ad free experience)
 

CCI Pro

Bimal Jain
Published in GST
Views : 223
downloaded 404 times

Comments

CAclubindia's WhatsApp Groups Link


CCI Pro
Meet our CAclubindia PRO Members


Follow us
budget 26-27